Division C — Department of Energy National Security Authorizations and Other Authorizations
DIVISION C Department of Energy National Security Authorizations and Other Authorizations
TITLE XXXI Department of Energy National Security Programs
Subtitle A National Security Programs and Authorizations
SEC. 3102. Defense Environmental Cleanup.
SEC. 3103. Other Defense Activities.
SEC. 3104. Nuclear Energy.
Subtitle B Program Authorizations, Restrictions, and Limitations
SEC. 3111. Improvements to National Nuclear Security Administration Management and Processes.
“(2) To support the deterrence of strategic attacks against the United States by maintaining and enhancing the performance, reliability, security, and safety of the United States nuclear weapons stockpile, including the ability to design, produce, and test nuclear weapons as necessary in order to meet national security requirements.”
; and
“(1) fulfilling, to the maximum extent possible, the requirements for nuclear weapons of the Department of Defense;”
“(1) Supporting the deterrence of strategic attacks by maintaining and enhancing the performance, reliability, and security of the United States nuclear weapons stockpile, including the ability to design, produce, and test as necessary to meet national security requirements.”
; and
“(1) An increased level of effort for the construction of new facilities and the modernization of existing facilities with production and manufacturing capabilities that are necessary to support the deterrence of strategic attacks against the United States by maintaining and enhancing the performance, reliability, and security of the United States nuclear weapons stockpile, including—
“(A) the nuclear weapons production facilities; and
“(B) production and manufacturing capabilities resident in the national security laboratories.”
“(4) Support for the modernization of facilities and projects that contribute to the experimental capabilities of the United States that support the sustainment and modernization of the United States nuclear weapons stockpile and the capabilities required to assess nuclear weapons effects.”
“(3) To maintain the safety and security of the nuclear weapons stockpile.”
; and
“(4) To optimize the future size of the nuclear weapons stockpile.”
; and
“(2) any changes made to the stockpile consistent with the objectives identified in subsection (a) are carried out in a cost effective manner; and”
; and
“(A) be well understood and certifiable without the need to resume underground nuclear weapons testing;”
“(C) develop future generations of design, certification, and production expertise in the nuclear security enterprise to support the fulfillment of mission requirements of the future stockpile.”
“(4) The fissile material component processing and fabrication capabilities of the Savannah River Plutonium Processing Facility and the Los Alamos National Laboratory.”
; and
“(a) Accelerated Cleanup.—The Secretary of Energy shall accelerate the schedule for defense environmental cleanup activities and disposition projects for a site at a Department of Energy defense nuclear facility if the Secretary determines that such an accelerated schedule will accelerate the recapitalization, modernization, or replacement of National Nuclear Security Administration facilities supporting the nuclear weapons stockpile, achieve meaningful, long-term cost savings to the Federal Government, or could substantially accelerate the release of land for local reuse without undermining national security objectives.”
; and
“(1) The extent to which accelerated cleanup schedules can contribute to a more rapid modernization of National Nuclear Security Administration facilities.”
; and
SEC. 3112. Prohibition on Admittance to National Security Laboratories and Nuclear Weapons Production Facilities.
“(a) Background Review Required.—The Secretary of Energy and the Administrator may not admit to any facility described in paragraph (3) of subsection (c) other than areas accessible to the general public any individual who is a citizen or agent of a covered foreign nation or a nation on the current sensitive countries list unless the Secretary or Administrator first completes a background review with respect to that individual.”
“(c) Prohibition on Admittance.—
“(1) In general.—With respect to an individual who is a citizen or agent of a covered foreign nation, the Secretary and the Administrator may not, except as provided in paragraph (2), admit such individual to any areas not accessible to the general public within a facility described in paragraph (3).
“(2) Waiver.—The Secretary, acting through the Administrator, may waive the prohibition under paragraph (1) with respect to an individual who is a citizen or agent of a covered foreign nation if, not later than 30 days prior to admitting such individual to a facility described in such paragraph, the Secretary certifies to Congress that—
“(A) the admittance of such individual to the facility is in the national security interests of the United States;
“(B) no classified or restricted data will be revealed to such individual in connection with the admittance of such individual to the facility;
“(C) the Secretary or Administrator has consulted with the heads of other relevant departments or agencies of the United States Government to mitigate risks associated with the admittance of such individual; and
“(D) the background review completed to subsection (a) with respect to such individual did not uncover any previously unreported affiliation with military or intelligence organizations associated with a covered foreign nation.
“(3) Facilities described.—A facility described in this paragraph is a facility, or any portion thereof, that directly supports the mission, functions, and operations of the Administration (as described in this Act) and is located on—
“(A) a national security laboratory;
“(B) a nuclear weapons production facility; or
“(C) a site that directly supports the protection, development, sustainment, or disposal of technologies or materials related to the provision of nuclear propulsion for United States naval vessels.
“(4) Effective date.—The prohibition under paragraph (1) shall take effect on April 15, 2025.
“(d) Rule of Construction.—Nothing in this section shall be construed to limit or otherwise affect the authority of the Secretary or the Administrator to—
“(1) admit to a facility described in paragraph (3) of subsection (c)—
“(A) a citizen or lawful permanent resident of the United States;
“(B) an individual involved in an International Atomic Energy Agency (IAEA) inspection (as defined in the ‘Agreement between the United States and the IAEA for the Application of Safeguards in the U.S.’); or
“(C) an individual involved in information exchanges in support of activities of the United States with respect to nonproliferation, counterproliferation, and counterterrorism, in accordance with international treaties or other legally-binding agreements or instruments to which the United States is a party; or
“(2) admit any individual to a facility, or any portion thereof, that is not directly associated with or directly funded to perform the mission, functions, and operations of the Administration (as described in this Act).”
; and
“(2) The term ‘covered foreign nation’ means—
“(A) the People’s Republic of China;
“(B) the Russian Federation;
“(C) the Democratic People’s Republic of Korea; and
“(D) the Islamic Republic of Iran.”
SEC. 3113. Authority for National Nuclear Security Administration to Use Passenger Carriers for Contractor Commuting.
“SEC. 4834. AUTHORITY TO USE PASSENGER CARRIERS FOR CONTRACTOR COMMUTING.
“(a) Authority.—If and to the extent that the Administrator deems it appropriate to further mission activities under section 3211 of the National Nuclear Security Administration Act (50 U.S.C. 2401), a passenger carrier may be used to provide transportation services to contractor employees between the covered facility of the contractor employee and a mass transit facility in accordance with any applicable transportation plan adopted by the Administrator pursuant to this section.
“(b) Plan Requests and Approval.—
(1) The Administrator—
“(A) shall—
“(i) provide Management and Operating contractors at covered facilities the opportunity to, on a voluntary basis, submit, through the cognizant contracting officer of the applicable covered facility, a plan to provide transportation services described in subsection (a) for contractor employees at the covered facility; and
“(ii) review each such plan submitted in accordance with clause (i); and
“(B) may approve each such plan if the requirements described in clauses (i) through (iv) of paragraph (2)(B) are satisfied.
“(2) Each plan submitted pursuant to paragraph (1)(A)—
“(A) may include proposals for parking facilities, road improvements, real property acquisition, passenger carrier services, and commuting cost deferment payments to contractor employees; and
“(B) shall include—
“(i) a description of how the use of passenger carriers will facilitate the mission of the covered facility;
“(ii) a description of how the plan will be economical and advantageous to the Federal Government;
“(iii) a summary of the benefits that will be provided under the plan and how costs will be monitored; and
“(iv) a description of how the plan will alleviate traffic congestion, reduce commuting times, and improve recruitment and retention of contractor employees.
“(3) The Administrator may delegate to the Senior Procurement Executive of the Administration the approval of any plan submitted under this subsection.
“(c) Reimbursement.—The Administration may reimburse a contractor for the costs of transportation services incurred pursuant to a plan approved under subsection (b) using funds appropriated to the Administration.
“(d) Implementation.—In carrying out a plan approved under subsection (b), the Administrator, to the maximum extent practicable and consistent with sound budget policy, shall—
“(1) require the use alternative fuel vehicles to provide transportation services;
“(2) ensure funds spent for this plan further the mission activities of the Administration under section 3211 of the National Nuclear Security Administration Act (50 U.S.C. 2401); and
“(3) ensure that the time during which a contractor employee uses transportation services shall not be included for purposes of calculating the hours of work for such contractor employee.
“(e) Definitions.—In this section:
“(1) The term ‘contractor employee’ means an employee of a Management and Operating contractor or subcontractor employee at any tier.
“(2) The term ‘covered facility’ means any facility of the Administration that directly supports the mission of the Administration under section 3211 of the National Nuclear Security Administration Act (50 U.S.C. 2401).
“(3) The term ‘Management and Operating contractor’ means a management and operating contractor that manages a covered facility.
“(4) The term ‘passenger carrier’ means a passenger motor vehicle, aircraft, boat, ship, train, or other similar means of transportation that is owned, leased, or provided pursuant to contract or subcontract by the Federal Government or through a contractor of the Administration.”
“Sec. 4834. Authority to use passenger carriers for contractor commuting.”.
SEC. 3114. Authorization for Modification of B61-13 Nuclear Weapon.
SEC. 3115. Limitation on Availability of Funds Pending Submission of Information on Streamlining National Nuclear Security Administration Contracting.
SEC. 3116. Limitation on Use of Funds for Naval Nuclear Fuel Systems Based on Low-Enriched Uranium.
SEC. 3117. Prohibition on Availability of Funds to Reconvert or Retire W76–2 Warheads.
Subtitle C Reports and Other Matters
SEC. 3121. Modification to and Termination of Certain Reporting Requirements under Atomic Energy Defense Act.
SEC. 3122. Modification of Reporting Requirements Relating to Cost-Benefit Analyses for Competition of Management and Operating Contracts.
“(e) Review of Reports by Comptroller General of the United States.—
“(1) Determination.—The Comptroller General of the United States shall determine, in consultation with the congressional defense committees, whether to conduct an initial review, a comprehensive review, or both, of a report required by subsection (b).
“(2) Initial review.—The Comptroller General shall provide any initial review of a report required by subsection (b) as a briefing to the congressional defense committees not later than 180 days after that report is submitted to the congressional defense committees.
“(3) Comprehensive review.—
“(A) Submission.—The Comptroller General shall submit any comprehensive review of a report required by subsection (b) to the congressional defense committees not later than 3 years after that report is submitted to the congressional defense committees.
“(B) Elements.—A comprehensive review of a report required by subsection (b) shall include an assessment, based on the most current information available, of the following:
“(i) The actual cost savings achieved compared to cost savings estimated under subsection (c)(1), and any increased costs incurred under the contract that were unexpected or uncertain at the time the contract was awarded.
“(ii) Any disruptions or delays in mission activities or deliverables resulting from the competition for the contract compared to the disruptions and delays estimated under subsection (c)(4).
“(iii) Whether expected benefits of the competition with respect to mission performance or operations have been achieved.
“(iv) Such other matters as the Comptroller General considers appropriate.”
SEC. 3123. Restoration of a Domestic Uranium Enrichment Capability.
SEC. 3124. Report on Activities from U.s.–u.k. Mutual Defense Agreement.
SEC. 3125. Notification of Certain Regulations That Impact the National Nuclear Security Administration.
TITLE XXXII Defense Nuclear Facilities Safety Board
SEC. 3201. Authorization.
TITLE XXXIV Naval Petroleum Reserves
SEC. 3401. Authorization of Appropriations.
TITLE XXXV Maritime Administration
Subtitle A Maritime Administration
SEC. 3501. Authorization of Appropriations for Maritime Administration.
SEC. 3502. Reauthorization of Maritime Security Program.
“(D) $6,500,000 for each of fiscal years 2025 and 2026;”
“(H) $7,230,000 for each of fiscal years 2033 and 2034;
“(I) $7,426,000 for each of fiscal years 2035 and 2036;
“(J) $7,626,000 for each of fiscal years 2037 and 2038; and
“(K) $7,832,000 for each of fiscal years 2039 and 2040.”
“(4) $390,000,000 for each of fiscal years 2025 and 2026;”
“(8) $433,800,000 for each of fiscal years 2033 and 2034;
“(9) $445,560,000 for each of fiscal years 2035 and 2036;
“(10) $457,560,000 for each of fiscal years 2037 and 2038; and
“(11) $469,920,000 for each of fiscal years 2039 and 2040.”
Subtitle B Maritime Infrastructure
SEC. 3511. Port Infrastructure Development Program.
“§ 50505. Consistent approval of existing categorical exclusions
“In accordance with section 139 of title 23, the Maritime Administrator may approve any action qualifying as a categorical exclusion applicable to the Federal Highway Administration, the Federal Transit Administration, or the Federal Railroad Administration when the applicable requirements of that categorical exclusion have been met that are in compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and any other applicable law. Nothing in this section shall be interpreted to limit any existing authority of the Maritime Administration to approve, promulgate, or publish categorical exclusions consistent with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or any other applicable law.”
“50505. Consistent approval of existing categorical exclusions.”.
“(C) Delayed notice of funding opportunity.—If the Secretary amends a published solicitation for grant applications such that an applicant would need the information contained in the amendment to draft an application, other than an amendment of the amount of grant funding available, the Secretary shall extend the application deadline by the number of days between the initial solicitation and the amendment.”
“(D) grant contracts are approved efficiently by the Secretary, minimizing delays for minor adjustments to project scopes and budgets, including due to inflationary effects on projects.”
“(i) In general.—To be eligible”
; and
“(ii) Ensuring cybersecurity.—If a covered applicant for a grant under this subsection is applying to use the grant to acquire digital infrastructure or a software component, such applicant shall—
“(I) certify the facility for which a covered applicant is applying for a grant has an approved facility security plan pursuant to section 70103(c) of this title that addresses the cybersecurity risks of such digital infrastructure or software component; or
“(II) if the approved facility security plan of a facility for which a covered applicant is applying for a grant does not address such cybersecurity risks, provide a brief description in the application of how such applicant will address the cybersecurity risks of such digital infrastructure or software component.
“(iii) Update of facility security plan.—If the approved facility security plan required under section 70103(c) of this title of a facility for which a covered applicant is applying for a grant under this subsection does not address the cybersecurity risks of digital infrastructure or a software component to be acquired by such grant and such applicant provides a brief description to address such cybersecurity risks under clause (ii)(II), the covered applicant shall ensure that such security plan is updated to address the cybersecurity risks described in clause (ii)(II) in the next update required under paragraph (3)(G) of such section.
“(iv) Covered applicant defined.—In this paragraph, the term ‘covered applicant’ means an applicant under this subsection that is not otherwise eligible under subsection (b).”
SEC. 3512. Assessment of United States Sealift Capability.
Subtitle C Reports
SEC. 3521. Independent Study and Report on Shanghai Shipping Exchange.
SEC. 3522. Study on Transportation of Personal Protective Equipment.
Subtitle D Other Matters
SEC. 3531. Extension of Certain Provisions Relating to Tanker Security Fleet Program.
“(a) Annual Payments.—
“(1) In general.—Subject to the availability of appropriations and the other provisions of this section, the Secretary shall pay to a program participant for an operating agreement under this chapter, for each vessel that is covered by the operating agreement, an amount equal to—
“(A) $8,160,000 for each of fiscal years 2025 and 2026;
“(B) $8,380,000 for each of fiscal years 2027 and 2028;
“(C) $8,606,000 for each of fiscal years 2029 and 2030;
“(D) $8,839,000 for each of fiscal years 2031 and 2032;
“(E) $9,078,000 for each of fiscal years 2033 and 2034;
“(F) $9,323,000 for each of fiscal years 2035 and 2036;
“(G) $9,574,000 for each of fiscal years 2037 and 2038; and
“(H) $9,833,000 for each of fiscal years 2039 and 2040.
“(2) Timing.—The amount payable to a program participant under paragraph (1) for a fiscal year shall be paid in 12 equal monthly installments at the end of each month during that fiscal year. The amount payable for any fiscal year may not be reduced except as provided by this section or section 51307(b).”
“§ 53411. Authorization of appropriations
“There are authorized to be appropriated for payments under section 53406, amounts as follows, to remain available until expended:
“(1) $122,400,000 for each of fiscal years 2025 and 2026.
“(2) $167,600,000 for each of fiscal years 2027 and 2028.
“(3) $172,120,000 for each of fiscal years 2029 and 2030.
“(4) $176,780,000 for each of fiscal years 2031 and 2032.
“(5) $181,560,000 for each of fiscal years 2033 and 2034.
“(6) $186,460,000 for each of fiscal years 2035 and 2036.
“(7) $191,480,000 for each of fiscal years 2037 and 2038.
“(8) $196,660,000 for each of fiscal years 2039 and 2040.”
SEC. 3532. Requirements for Purchasing Federally Auctioned Vessels.
“§ 57112. Requirements for purchasing federally auctioned vessels
“(a) In General.—To be eligible to purchase a covered vessel from the Federal Government, a person shall provide proof of—
“(1) liability insurance for the operator of such covered vessel;
“(2) financial resources sufficient to cover maintenance costs of such covered vessel; and
“(3) with respect to a covered vessel requiring documentation under chapter 121, an admiralty bond or stipulation.
“(b) Covered Vessel Defined.—In this section, the term ‘covered vessel’ means—
“(1) a government owned vessel disposed of in accordance with this part and section 548 of title 40;
“(2) a vessel seized or forfeited pursuant to any law, and auctioned by the Federal Government, including a vessel seized or forfeited pursuant to section 7301 or 7302 of the Internal Revenue Code of 1986; or
“(3) a fishing vessel seized or forfeited pursuant to section 310 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1860).”
“57112. Requirements for purchasing federally auctioned vessels.”.
SEC. 3533. Recapitalization of National Defense Reserve Fleet.
“(a) In General.—
“(1) Vessel construction.—Subject to the availability of appropriations, the Secretary of Transportation, in consultation with the Chief of Naval Operations and the Commandant of the Coast Guard, shall complete the design of a sealift vessel for the National Defense Reserve Fleet to allow for the construction of such vessel to begin in fiscal year 2025.
“(2) Agreement with vessel construction manager.—Notwithstanding section 8679 of title 10, United States Code, and subject to the availability of appropriations made specifically available for reimbursements to the Ready Reserve Force, Maritime Administration account of the Department of Transportation for programs, projects, activities, and expenses related to the National Defense Reserve Fleet, the Secretary of the Transportation, in consultation with the Secretary of the Navy, shall seek to enter into an agreement with an appropriate vessel construction manager under which the vessel construction manager shall enter into a contract for the construction of not more than ten such vessels in accordance with this section.”
; and
SEC. 3534. Armed Forces Merchant Mariner Officer Expedited Preparation Program.
“(c) Armed Forces Merchant Mariner Officer Expedited Preparation Program.—
“(1) In general.—A State maritime academy may offer a program under which an eligible individual may complete a merchant marine officer preparation program approved by the Secretary, and the requirements for the issuance of a license under section 7101 of this title, in less than 3 years, without a requirement to earn a baccalaureate or other degree from the State maritime academy.
“(2) Eligible individuals.—For purposes of this subsection, an eligible individual is an individual—
“(A) who is—
“(i) a person who served in the Armed Forces, and who was discharged or released therefrom under honorable conditions; or
“(ii) a member of the National Guard or Reserves who has performed at least six years of service therein; and
“(B) who has earned a baccalaureate degree from an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002)).”
SEC. 3535. Technical Clarifications.
“(3) Representation.—Members of the Committee shall be appointed as follows:
“(A) Twelve members”
“41107. Monetary penalties or refunds.”.
“46106. Annual report and public disclosure.”.
“(2) a public entity, including a Federal, State, regional, or local government entity, including a special district;”
SEC. 3536. Buy America Requirements for Shipyard Modernization and Improvement Program.
“(f) Buy America.—Part I of subtitle A of title IX of division G of the Infrastructure Investment and Jobs Act (Public Law 117–58; 41 U.S.C. 8301 note) shall apply to any funds obligated by the Administrator under this section.”
SEC. 3537. Nomination of Merchant Marine Cadets in Event of Death, Resignation, or Expulsion from Office of Member of Congress Otherwise Authorized to Nominate.
“§ 51302a. Nomination in event of death, resignation, or expulsion from office of Senator otherwise authorized to nominate
“(a) Senators.—In the event a Senator does not submit nominations for cadets for an academic year in accordance with section 51302(b)(1) of this title due to death, resignation from office, or expulsion from office, and the date of the swearing-in of the Senator’s successor as Senator occurs after the date of the deadline for submittal of nominations for cadets for the academic year, the nominations for cadets otherwise authorized to be made by the Senator pursuant to such section shall be made instead by the other Senator from the State concerned.
“(b) Construction of Authority.—Any nomination for cadets made by a Senator pursuant to this section is not a reallocation of a nomination. Such nominations are made in lieu of a Senator not submitting nominations for cadets for an academic year in accordance with section 51302 of this title due to death, resignation from office, or expulsion from office and the date of the swearing-in of the Senator’s successor occurs after the date of the deadline for submittal of nominations for cadets for the academic year.”
“51302a. Nomination in event of death, resignation, or expulsion from office of Senator otherwise authorized to nominate.”.
SEC. 3538. Amended License Applications for Certain Deepwater Ports for Natural Gas.
“(5) Decision on amended license applications.—
“(A) Definition of amended license application.—In this paragraph, the term ‘amended license application’ means a license application for a deepwater port for natural gas—
“(i) that was originally submitted to the Secretary prior to the issuance of the proclamation issued by the President on March 13, 2020, with respect to the Coronavirus Disease 2019 (COVID–19) pandemic; and
“(ii) with respect to which the applicant, based on guidance offered by the Secretary, has made subsequent revisions since the submission of the initial license application and submitted such revised application.
“(B) Expedited review and approval.—The Secretary shall expedite the review and subsequent approval or denial of amended license applications submitted pursuant to this section that meet the eligibility criteria described in subparagraph (C).
“(C) Eligibility criteria.—To be eligible for review under this paragraph, an amended license application shall meet the following criteria:
“(i) The amended license application is for a natural gas deepwater port facility.
“(ii) The Secretary had determined that the project as specified in the initial license application was not likely to have any significant adverse environmental impact on species and habitat, consistent with law including National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
“(iii) The Secretary has determined that the results of the environmental review conducted for the initial license application is still applicable to the amended license application and an additional environmental review is not required.
“(iv) The Secretary had published an affirmative Record of Decision for the initial license application.
“(D) Deadline for decision.—The Secretary shall approve or deny an amended license application submitted pursuant to this paragraph by no later than 270 consecutive days after the date on which the Secretary determines that the amended license application is complete and meets the requirements under this section.”